D1 RFQ COMBINE SYNOPSIS 23Q0013.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is not a small business set-aside. Therefore, any responsible source may submit a quote. This is an OCONUS requirement: FAR 19.000(b) applies. The NAICS code is 611519

This solicitation M62613-23-Q-0013 incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20220623. THIS NOTICE CONSTITUTES THE ONLY

SOLICITATION.

Addendum to 52.212-1 Instructions to Offerors. The quote shall contain all requested products as the contract award will be made in aggregate. Therefore, any quote received without all products priced will be considered non-responsive.

Offerors are instructed to completely fill out the attached coversheet and return it along with your quote. Quotes submitted without the required coversheet will not be evaluated nor considered for award.

Offerors shall submit their response to this RFQ and all questions via email to naoko.nitta.ja@usmc.mil no later than 21 Aug 2023, 03:00 PMJapan Standard Time (JST) in this listing.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

Requirement, clauses and provisions, and misc. information.

Performance Work Statement for Technical Rescue (Rope) Training & Certification

MCAS Iwakuni Fire & Emergency Services Marine Corps Air Station Iwakuni, Japan

1.0 General

1.1 Introduction & Background. MCAS Iwakuni Fire and Emergency Services is required to provide technical rescue services per the Standards of Cover-Community Risk Assessment. Sixty personnel will be trained and ProBoard certified to the Rope Rescue Technician per NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications.

1.2 Scope of Work & Objective: The Contractor shall provide services as specified in this Performance Work

Statement (PWS). The contractor shall provide all materials and qualified instructors with the appropriate certifications, knowledge, skills and abilities to complete the tasks associated with this PWS.

1.2.1 MCAS Iwakuni Fire & Emergency Services is in need of training to meet the job performance requirements and certification as Rope Rescue Technician per NFPA 1006 Standard for Technical Rescue Personnel Professional Qualifications.

1.2.2 Personnel currently do not possess rope rescue certifications.

1.2.3 The department will need training and certification for up to 60 personnel.

1.2.4 The training will be delivered as two same courses simultaneously being taught on consecutive days to a two-platoon system (A and B Shifts). Each platoon works a 24 on/24 off with a set Kelly Day.

1.2.4.1 Multiple courses may be conducted to meet appropriate student to instructor safety ratios. (Ratio is set how the organization can safely provide high risk training. Each organization will make the determination of what they will need.)

1.2.5 Successful completion of training will provide certification as a Rope Rescue Technician through ProBoard or International Fire Service Accreditation Congress (IFSAC) as required by MCO 11000.11A.

1.3 Period of Performance.

1.3.1 The contractor shall have no more than one (1) year (365 days) from the date of award to execute the requirements within this PWS unless additional periods of performance are awarded by the Contracting Officer (KO).

1.3.2 The total period of performance shall be on dates that are mutually agreed upon by both parties and shall allow for flexibility due to restrictions and limited workforce conditions.

1.3.3 The actual period of performance for this training and certification will meet the requirements for certifications. All instruction, testing, evaluation, retesting, and reevaluation for certification shall be delivered within allotted time.

1.3.4 Each day will consist of eight (8) hours of instruction with a one-hour lunch break, total nine (9)-hour day.

Class will be Monday through Friday. Saturday may be utilized as an additional training day if necessary.

Any additional day may be utilized for retesting or reevaluation if and when required.

1.3.5 Instruction, testing, evaluation, retesting, and reevaluation shall be delivered starting with Rope Rescue

Awareness progressing to Rope Technician.

1.3.6 The dates of performance/instruction shall be coordinated with the Government POC, and any changes to the dates shall be agreed upon between the Contractor and the Contracting Officer.

1.3.7 Primary requested dates for execution: start August 28th, 2023

1.3.8 Secondary requested dates for execution: Start September 18th, 2023

1.3.9 The performance for this contract will require one (1) visit to MCAS Iwakuni.

1.3.10 Daily hours required to execute contract are at the discretion of the contractor but shall be performed between the hours of 0800 and 1800.

1.3.11 Any changes to the dates shall be agreed upon between the Contractor and the Contracting Officer.

1.3.12 In the event the Contractor anticipates or encounters difficulty in complying with the contract performance schedule, time limitations and requirements, or in meeting any other requirements set forth in this contract, the Contractor shall immediately notify the Contracting Officer in writing giving full detailed rationale for delinquent performance. Receipt of the Contractor’s notification shall in no way be construed as either acceptance by the Government or as a waiver of the Government’s right under this contract or a law.

1.3.13 Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of

Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 8:00am.

2.0 Place of Performance.

2.0.1 MCAS Iwakuni, Japan, Station Operations, Fire & Emergency Services, PSC 561 Box 1876, FPO AP

96310-0019, Phone 011-81-827-94-1130:

2.0.2 Fire Station 1 (Bldg. 6119) Training Room and Fire Department Training Grounds (Bldg. TT119)

3.0 Marine Corps Designated Representatives:

3.0.1 Contract POC: Deputy Fire Chief James Welch. Email: james.a.welch1@usmc.mil. Telephone: DSN

(315) 255-1136, comm 011-81-827-94-1136. MCAS Iwakuni, Fire & Emergency Services, MCAS Iwakuni Japan, Building 6119, Room 141.

4.0 Technical Requirements (Description of Work/Tasks) for:

4.0.1 Qualifications. Contractor personnel employed in this effort will have the appropriate certifications, knowledge, skills and abilities to complete the tasks associated with this PWS. Must be able to provide proof upon request and must show up with all technical references and manuals required to perform.

4.0.2 Certification provided shall be ProBoard or IFSAC accredited in order to meet Department of Defense (DoD) accreditation requirements. Certification levels shall be in accordance with the most appropriate editions of NFPA.

4.0.3 Course materials shall be provided in Japanese by the contractor for students attending this training. It is the responsibility of the contractor to ensure all training materials and course exams (excluding IFSTA manuals) are translated to the Japanese language. It is the responsibility of the contractor to ensure the mailto:james.a.welch1@usmc.mil translated material and exams are adequate to deliver the course and test students in an accurate manner.

(The class should be taught in both English and Japanese.)

4.0.4 Translated course materials shall be provided to the Fire Department no less than 30 days prior to the course start date. Materials shall be reviewed by Fire Department translator for accuracy and familiarization.

4.0.5 A Japanese language translator shall be provided by the contractor for didactic instructions, evaluations, and practical (hands-on) portions of the course. It is the responsibility of the contractor to ensure the translator selected has the language skills to convey the material in a comprehensible and accurate manner.

4.0.6 Training and instruction must provide the student qualifications to meet the job performance requirements of a Rope Rescue Technician.

4.0.7 Clean up: The Contractor shall at all times keep the work and storage areas free from accumulations of waste materials. Once the work is complete the Contractor shall remove any rubbish, tools, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition.

5.0 Delivery or Deliverables: Any and all materials needed to conduct any phase of this PWS are the contractor’s responsibility and shall be delivered through MCAS Iwakuni Distribution Management Office (DMO): Attn: Fire & Emergency Services, REF: Contract #, Bldg. 1710 M/F: M02209, MCAS Iwakuni, Iwakuni JP 740-0025, Japan.

5.1 Meetings and Status Reports. Contractor to provide written student performance reports and certification/qualification certificates to Designated Representatives for each course provided upon completion of performance/instruction.

6.0 References. In addition, requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this PWS, as listed below, including any amendments or subsequent issuance.

Reference Location

NFPA 1006: NFPA 1006 Standard for Technical Rescue Personnel Professional Qualifications Online or upon request.

Marine Corps Order 11000.11A Online or upon request.

7.0 Government Furnished Facilities, Equipment, Services and/or Information.

7.0.1 Fire & Emergency Services may provide audio visual equipment required to deliver lecture portions of training.

7.0.2 Fire & Emergency Services may provide training areas, vehicles, and equipment required to complete performance of training activities.

7.0.3 Other than the above statements in paragraphs 7.0.1 and 7.0.2; there are no other government owned facilities, equipment or services to be furnished to the contractor for use under this contract.

8.0 Special Instructions and Administrative Information.

8.1 Non-Personal Services. This is a non-personal service, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

8.2 Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DoD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants).

All contractor employees shall comply with the following at all times:

8.3 Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering MCAS Iwakuni. A listing of DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

8.4 Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 252.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

8.5 Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

8.6 Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a DOD installation shall participate in local Voluntary Protection Programs (VPP).

Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html.

8.7 Installation Access and Personnel Credentialing

8.7.1 Personnel Access/Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and POP. Failure to complete such actions in a timely manner, some of which may occur prior to the POP or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

8.7.1.1 Common Access Cards (CAC). Provided the clause 52.204-9 is incorporated, personnel performing on this contract/order may require a CAC. Pursuant to FAR 52.204-9, the CAC is DoD’s Personal Identity Verification (PIV) system; DoD procedures for CAC issuance are applicable and incorporated herein, as governed by DODI/M series 1000.13, DODI 5200.46, and other regulations. All personnel to be issued CAC must meet eligibility and suitability criteria as specified in the references; accordingly, the vetting procedures and required personnel actions may often begin well before the contract/order POP. The contractor and its employees and/or subcontractors are responsible for ensuring timely action and suitability to obtain CACs, and any resultant access issues from non-compliance shall not constitute excusable delay.

8.7.1.2 Base Passes and/or Defense Biometrics Identification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations Pacific Order 5512.2, which can be provided upon request. The process to request access http://www.osha.gov/dcsp/vpp/index.html requires approval from the Contracting Officer in an access request letter.

8.7.1.3 Return and/or Disposal of Access Credentials. The contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer. The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

8.7.1.4 Status of Forces Agreement. Possession of a CAC or other credential does not, alone, determine the legal status of personnel performing under this contract. Additionally, unless specifically identified on the CAC, the credential does not necessarily authorize logistical support privileges such as commissary/exchange access. The individual status of personnel performing under this contract, and the privileges authorized, are governed in accordance with United States Force Japan Instructions (predominantly USFJI 64-100), applicable credentialing regulations, and the information prescribed via DFARS clauses regarding Contractor Personnel in Japan, as contained herein.

8.8 Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this contract/order. The regulation may subject the contractor and/or contractor's personnel to criminal liability under Title 18, Section 793 and 7908 of the United States Code.

8.9 Classified Information. Any classified work products shall be handled in accordance with DoD Instruction 5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official Use Only (FOUO), sensitive, confidential, and/or classified information and material.

8.10 Key Control. The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the government are not lost or misplaced and are not used by unauthorized persons. The Contractor shall report lost keys to the COR. The Contractor shall not duplicate any keys. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas. In the event keys are lost or unauthorized duplication occurs through the fault of a Contractor employee, The Government may, at its option, require the Contractor to replace keys, reimburse the government for replacement of locks, or re-key as a result of Contractor losing keys. In the event a master key is lost or duplicated, the Contractor shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

Travel. Travel costs are NOT reimbursable unless specifically provided for in this contract through an enumerated cost reimbursable Contract Line Item Number (CLIN) entitled Travel.

8.11 Travel Pre-Authorization. All travel shall be pre-approved, in writing, by the Contract Officer or COR.

The request shall include total cost, and itemized airfare, rental vehicle, per diem, mileage, parking, fuel and toll charges. Travel requests will include the purpose of the trip and why Video Tele-Conference (VTC) or phone conversations would not meet the business requirement. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs.

8.11.1 Authorized Travel. Authorized travel costs will only be reimbursed for:

• Contractor employees who otherwise perform direct day-to-day services at the designated place of performance under the requirements of this order/contract,

• Who have a need to travel to fulfill the performance of those duties, and

• Upon the direct request and written pre-approval of the Contracting Officer (KO) or appointed

Contracting Officer Representative (COR)

8.11.2 Unauthorized Travel. Travel costs are explicitly not reimbursable for the following:

• Relocation or initial mobilization costs, or any other travel not pre-approved by the KO or COR,

• Contractor personnel who indirectly support this order/contract (such as visiting management or supervisory personnel not otherwise providing on-site day-to-day support)

8.11.3 Foreign Travel

8.11.3.1 Compliance with DoD Foreign Clearance Guide (FCG). Personnel performing under this contract who may be required to travel to other countries during performance, shall comply with all FCG prescriptions for each country to be visited. Access to the FCG can be found here: https://www.fcg.pentagon.mil/fcg.cfm.

Contractors unable to access the site, or otherwise requiring assistance, shall contact the contracting officer, or appointed Contracting Officer Representative (COR) for assistance.

8.11.3.2 Compliance with U.S. Indo-Pacific Command (INDOPACOM) and other directives. Contractor personnel traveling within the INDOPACOM Area of Responsibility (AOR) are subject to, and shall comply with, INDOPACOM directives related to such travel. Additionally, contractor personnel traveling in support of exercises, or other specified events and activities, shall comply with applicable travel instructions published for the designated area or event, as issued by General Order, Planning Conference Memorandum, Exercise Directive, Initiating Directive, or other similar correspondence.

8.11.3.3 Personnel with security clearance are subject to additional requirements and shall consult with the supported command G-2 when contemplating and/or completing foreign travel.

8.11.4 Allowable Costs

8.11.4.1 All travel shall be conducted in accordance with Federal Travel Regulations (FTR) and/or U.S. Department of State Standardized Regulations (DSSR).

8.11.4.2 Reimbursement is strictly limited to only those direct costs authorized in FAR 31.205-46. Overhead and/or G&A expenses are not allowable.

8.11.4.3 As indicated in FAR 31.205-46(a)(3)(iv), 31.205-46(a)(7), and 31.205-46(b), all costs must be supported by appropriate documentation and receipts provided to the KO/COR.

8.12 Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the government may conduct Quality Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.

8.13 Services Contract Reporting (SCR). The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://sam.gov/SAM.

8.14 Other Provisions:

8.14.1 It is the responsibility of the contractor to provide necessary protective equipment to ensure the safety of their employees and those subcontracted, to include but not limited to; firefighter turnouts, hearing protection, eye protection, helmets and gloves.

8.14.2 It is the responsibility of the contractor and those subcontracted to complete the necessary base access requests prior to the agreed upon start date. Therefore, within three (3) days after notification of award; the https://www.fcg.pentagon.mil/fcg.cfm https://sam.gov/SAM https://sam.gov/SAM contractor shall submit a roster and request gate access packages (if needed). Contracting will provide access packages with most recent processes. All completed paperwork shall be returned to the proper authority within three (3) days for submittal to PMO Pass & ID for access passes.

8.14.3 Performance Requirements Summary (PRS)

Performance Objective

PWS

Section

Performance Standard Acceptable Quality Level

Surveillance Method

Incentive

Issuing of certifications to personnel that have successfully complete courses.

4.0.2 MCAS-I FES Assistant

Fire Chief of Training receives printed copies of certifications with ProBoard and/or IFSAC certification seal.

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract: <10% rejection rate of draft submissions.

100 % Inspection

Payment for service

Course materials shall be provided in Japanese

4.0.3 Course materials shall

be provided in Japanese by the contractor for students attending this training. It is the responsibility of the contractor to ensure all training materials and course exams (excluding IFSTA manuals) are translated to the Japanese language. It is the responsibility of the contractor to ensure the translated material and exams are adequate to deliver the course and test students in an accurate manner

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract: <10% rejection rate of draft submissions.

100 % Inspection

Payment for service

Grammatically correct translation of course materials must be provided to the FES interpreter no less than 30 days prior to start of class.

4.0.4 Translated course

materials shall be provided to the Fire Department no less than 30 days prior to the course start date.

Materials shall be reviewed by Fire Department translator for accuracy and familiarization

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract: <10% rejection rate of draft submissions.

100 % Inspection

Payment for service

Providing an onsite Japanese/English Translator

4.0.5 A Japanese language

translator shall be provided by the contractor for didactic instructions, evaluations, and practical (hands-on)

< 5% rejection rate of all formal deliverables submitted under the performance provisions of the contract: <10%

100 % Inspection

Payment for service portions of the course.

It is the responsibility of the contractor to ensure the translator selected has the language skills to convey the material in an accurate manner rejection rate of draft submissions.

End Performance Work Statement

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 60 Each ProBoard Certification, Rope Rescue Tech

FFP

ProBoard Certification, Rope Rescue Technician

The Contractor shall perform the subject service in accordance with the Performance Work Statement (PWS).

Price shall also include meals, lodging, labor, and all authorized travel related expenses to and from MCAS Iwakuni, Yamaguchi, Japan. Any other fees and costs associated with this service shall be the responsibility of the contractor.

[Period of Performance]: The Contractor shall complete the services within 365 days after the date of award (ADC).

*Offered Date: [ ] August 28, 2023, Course Duration: _______________

[ ] September 18, 2023, Course Duration: _____________

[ ] Alternate Date ___________________, Course Duration: ____________________

FOB: Destination

MILSTRIP: M022093382580

PURCHASE REQUEST NUMBER: M022093382580

PSC CD: U010

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 365 dys. ADC 60 FIRE & EMERGENCY SERVICES

CHIEF JAMES WELCH

BLDG# 6119

PSC 561 BOX 1876

FPO AP 96310-0019

011-81-827-94-1136 FOB: Destination

M02209

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

DEC 2022

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.214-34 Submission Of Offers In The English Language APR 1991 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-50 Alt I Combating Trafficking in Persons (NOV 2021) Alternate I MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7008 Only One Offer DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid - Representation (DEVIATION 2022-O0010)

SEP 2022

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States

OCT 2015

252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION

2018-O0019)

AUG 2018

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter/offeror

(Contractor) whose quote/offer conforming to the solicitation will be most advantageous to the Government.

(a)(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-priced quote/quoter; (i) conforms to all matters with respect to the solicitation; (ii) has satisfactory past performance and; (iii) provides a fair and reasonable price: then no other quotes/quoters will be evaluated for award.

(i) Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description of supplies/services; must address each general and performance requirement with respect to the Performance Work Statement; must specify delivery dates; and must meet all the terms and conditions of the solicitation.

(ii) Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106- 2(b)(i). Contractors with a rating in the bottom 5% will be deemed “Unacceptable”. Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S. contracts.

(iii) Price:

Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (JUN 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiv)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using JP 127.7677 yen to a dollar, the Government’s official budgetary exchange rate for fisical year 2023 in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and…